QUESTION

How can I rid myself from a lease renewal

Asked on Jun 18th, 2015 on Real Estate - California
More details to this question:
I am writing from Canada. I recently signed a lease contract. There was a clause which I was not fully aware that would automatically renew my lease. I left the promise due to a new job, informed the landlord that I was going to pay till the end of my lease, but that the apartment would be vacant and that I did not want to stay there after that. The rental office however, sent a renewal proposal to the vacant unit, and renew it without my knowledge. They claimed that my notice was too early. I will absolutely not continue paying for this. What should I do? I am in Quebec, Canada!
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1 ANSWER

Real Estate Attorney serving Oakland, CA at Sack Rosendin LLP
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Mr. Albuquerque, You need to consult with an attorney in Quebec. The Canadian law is different in some respects from American law, and Quebec law may even be different regarding some issues than the law of the other provinces. Real estate law, in particular, could be different. Regarding this particular issue, California law is different even from most of the other American states. Here in California, I would defend against any claim by the landlord for unpaid rent on the theory or "unconscionability." Most American states recognize the defense that a provision of a contract can be so unfair that the court will refuse to enforce it. Here in California, the case law is very will developed on this issue. The clause must be both procedurally unconscionable and substantively unconscionable. Procedural unconscionability is about how the clause got into the contract. Sometimes it is a surprise. Sometimes the provision is not a surprise, but applying it to the specific fact situation or in a surprising way, qualifies. Sometimes, there is no opportunity to negotiate, like with the contract on the back of a ticket for a parking lot. Substantive unconscionability is just what it sounds like. Something so unfair that the court should be unwilling to enforce it. The more procedurally unfair, the less substantively unfair the clause needs to be in order for a court to refuse to enforce it. The more substantively unconscionable the clause is, the less procedurally unfair it needs to be. But that's in California. Automatic renewal provisions are usually a surprise and almost always unfair. Also, the landlord has a duty to mitigate its damages by re-leasing the apartment as soon as it can for as much as it can. You are only liable for the rent the landlord proves it could not have avoided losing by renting the apartment faster or for more money. I don't know about Quebec, but here rents are going up. The landlord would have no damages. That's another defense. Good luck. Dana Sack    
Answered on Jun 19th, 2015 at 12:38 PM

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